Hundreds of thousands of consumers and companies are organizing to demand a refund of part of the amount they paid for vehicles they purchased between February 2006 and August 2013 from one of the manufacturers fined for sharing information in order to set their prices at that time. period. Since the Supreme Court in 2021 dismissed most of the appeals against the penalty in several resolutions, hundreds of thousands of consumers have organized to demand the money they overpaid for their cars and vans.
From the Organization of Consumers and Users (OCU) they indicate that they bring together some 100,000 claimants, to which are added the more than 700 from FACUA and several hundred thousand processed by various law firms and platforms. But not only individuals can litigate, but also companies and the self-employed. In total, it is estimated that around 10 million vehicles would be affected.
"Until now, only individual or collective lawsuits from individuals have been filed," explain sources from Systema Capital, promoter of the legal platform A.
Specifically, buyers harmed by the anti-competitive practices of the cartel - made up of 25 automotive brands, 91% of those operating in Spain - paid a premium of between 10% and 15%. Despite this, those affected can hope to recover a part of the purchase price of the vehicle, even if they no longer own it, if they demonstrate that it cost them more money than they would have received.
Based on the fact that in 2010 a car cost on average about 15,000 euros, sources in the sector indicate that each affected person can pocket between 1,500 euros - in case of recovering 5% - and 2,250 euros - if they return 15% - , amounts to which interest would have to be added.
In June 2022, the Court of Justice of the European Union (CJEU) ruled that the period for those affected by the cartel to file a claim is five years from the time the Supreme Court confirmed the fine imposed by the National Commission of Markets and Competition (CNMC) to more than twenty manufacturers. Therefore, there is the possibility of doing so until 2026.
The brands from which compensation can be claimed are: Alfa Romeo, Audi, BMW, Chevrolet, Chrysler, Citroën, Dodge, Fiat, Ford, Honda, Hyundai, Jeep, Kia, Lancia, Mercedes, Mitsubishi, Nissan, Opel, Peugeot , Porsche, Renault, Seat, Skoda, Volkswagen, Toyota and Volvo. However, before starting the claim, they must check if their vehicle - car or van - is affected by the cartel. A procedure that is very simple, since there are several calculators on the Internet, such as the one provided by OCU and online platforms like this one, which provides services to multiple victims and fleets.
The consumer must prove that they purchased the vehicle, so they must provide the invoice or sales contract, as well as any other document that shows that they paid for the cost of the car or van. Likewise, as detailed by FACUA, it would be necessary to have the technical data sheet of the vehicle and the circulation permit.
Another aspect that usually worries those affected is how the legal claim will be covered - if it has to be filed - and all the procedures that it entails. In this sense, it must be taken into account that collective actions usually have a lower cost and there are even platforms that offer to finance the entire process in exchange for taking a percentage of the money recovered.
